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Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....mpugned judgment and decree are set aside and this those of the trial Court are confirmed there shall be no order as to costs. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 225. ...... father of the plaintiff No.1, P.Ws. 2 and 3 Solaiman Biswas and Sunil Kumar Das deposed that exhibit-1 was created by force taking the signature of plaintiff No.1 who is in a minor showing unnatural amount of dower money inconsistent with status of defendant No.1. 8. D.W.1 Mst. Kabita Khatun, ......laintiff No.1, P.Ws. 2 and 3 Solaiman Biswas and Sunil Kumar Das deposed that exhibit-1 was created by force taking the signature of plaintiff No.1 who is in a minor showing unnatural amount of dower money inconsistent with status of defendant No.1. 8. D.W.1 Mst. Kabita Khatun, defendant No.1 w..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
R.K. Jute Mills Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
..... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ......accidental fire and the damage caused by it to the finished goods. Since the goods were covered by insurance policy, the petitioner company lodged two separates insurance claims totaling an amount of Tk. 1,67,09,937.00 with the Sadaran Bima Corporation. The loss, caused by the aforesaid fi....... The Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 579. ..Category: Business or Commercial Law | Date: 3 Aug, 2006 | Hits: 5
Md. Durul Islam Vs. State, 2006, 35 CLC (HCD)
....ed and handed over to the accused appellant Nos.1-3 from whom they were seized as per seizure list in accordance with law forth with. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 194. ......lleged that a ticket with number and signature used for hundi business was recovered from him. On presentation of ticket the holder of this ticket in India he will be paid in Indian Rupee of the like amount. The number of taka and copy of the ticket were attached to the ejahar. Subsequently the accu......ababganj Police Station implicating accused appellants along with one Samiul Huque, alleging that on receipt of secret information that one Md. Durul Islam of village Madarpur had been carrying hundi money for the purpose of smuggling to India he was arrested and taken to 6 Battalion Head Quarter, N..Category: Criminal Law | Date: 20 Jul, 2006 | Hits: 21
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....s should be ascertained from the recitals of the notices. There is no scope for construing a particular sentence in the notices in isolation. What I am driving at boils down to this: the notices as a whole under section 106 of the Transfer of Property Act should be interpreted in a harmonious way wi......he trial Court are not according to law and that being so, it calls for interference from this Revisional Court. 9. Mr. MA Jalil further submits that since the repair cost of the suit shop house amounting to Taka 10,000 is being adjusted against the monthly rental of Taka 60, the petitioners ca......umstances of that case are quite distinguishable from those of the instant case. So, the principle that has been enunciated in that decision that the landlords had in their hands unadjusted amount of money paid by the defendant tenant who could be easily adjusted towards payment of rent, the latter ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
....Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
......0 on the ground that the Corresponding exports were not made against the aforesaid goods imported and those imported goods were sold in the local market and thereby deprived the Government of the tax amount and that being aggrieved there against the petitioner moved with writ petition No.4500 o......Bond/96/17407, evidenced by Annexure-E to the Writ Petition, is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 471.
..
Category: Business or Commercial Law, Civil Law | Date: 25 May, 2006 | Hits: 5
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....he levy of the fine or issue warrant to realise the amount of fine for execution according to civil process. He submits that according to proviso of section 386 even if the offender has undergone the whole of such imprisonment in default of payment of fine the Court may issue such warrant to recover...... J.- This Rule was issued calling upon the respondent Nos. 1 and 3 to show cause as to why they should not be directed to perform their statutory duties and functions for realising the remaining fine amount of Taka 2,74,35,000 from the respondent No.4 and why the respondent No.4 should not be direct......and eliminate bribery and corruption from amongst the public servants. 7. According to a recent news report published in the national daily newspapers, the members of a political party are raising money to pay the fine imposed upon the respondent No.4 and obtain release of the said respondent w..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Hasmot Ali and others Vs. Chairman, 3rd Labour Court, Dhaka and others, 2006, 35 CLC (HCD)
.... 2004 had continuously worked for 365 days in 1997 which are very much evident from the Annexure-C series of the respective writ petitions. All these petitioners attended the office throughout the whole year and signed Attendant Registers but the Bangladesh Biman did not place Attendant Register......nd proper and it may, in appropriate cases require, by such order, reinstatement of complainant thereof and such order shall be final: Provided that any complaint under this section shall not amount to prosecution under section 27 of this Act;" 40. It has been observed in the afore......periods will be treated as leave without wages. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 427. ..Category: Labour and Industrial Law | Date: 27 Apr, 2006 | Hits: 9
Bangladesh Legal Aid and Services Trust (BLAST) Vs. State and four others, 2006, 35 CLC (HCD)
....stituency. He represents all persons in his area irrespective of whatever political party he belongs. 26. By and large, a Parliament is a legislative body and its members are law makers for the whole country including for themselves. In theory, the Parliament controls a Government, but, in rea......from time to time, it is stated in the petition that 226 members of the Fifth Parliament, as subscribers of telephones, defaulted in paying their telephones, defaulted in paying their telephone bills amounting to Tk. 3,85,88,898 to BTTB (Annexure-A). It is also stated that another 216 members of the......nt. In the result, the Rule is made absolute but without any orders as to cost. Ed. This Case is also Reported in: 60 DLR (2008) 176; 16 BLT (HCD)(2008) 40; 13 MLR (HCD) (2008) 233. ..Category: Constitutional Law | Date: 27 Apr, 2006 | Hits: 131
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ...... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......ner to withdraw the civil suit as a condition of his release on bail. 2. The prosecution case, in short, is that the accused Rafiqul Islam married the victim Rumana Akter on 9-6-2003 setting dower money of Taka one lac by a registered Nikahnama. After marriage, their conjugal life was maintained ..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)
.... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ...... Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 291. ......e of the defence was that victim at the relevant time was 19 years of age. The accused married her with her free will and volition, as well as with the consent of her father. The complainant borrowed money from the accused, but did not refund the same. To get rid of such debt the complainant filed t..Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ......uit land to defendants' predecessor Suruj Mia initially for a consideration of Tk. 425/- by a registered deed dated 18-12-1944 on condition that if Lal Mia Could repay the consideration money within the month of Magh 1254 B.S. and that subsequently Lal Mia offered Tk. 200/- more o..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
.... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ......he defendant No.1 and the defendant No.1 acknowledged the receipt of the said money and delivered the possession of the suit property in favour of the plaintiff and stipulated to pay the balance amount at the time of registration. 6. The further case of the plaintiff is that it was stipul......rdingly the defendant No.1 through her constituted attorney entered into an agreement for sale with the plaintiff on 10.08.1985 and the plaintiff also decided to purchase the suit property with his money earned in the United Kingdom; that the price of the suit property was fixed at Pound Starli..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
....tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
......tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
....oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
......holder petitioner.
2. It appears that the International Finance Investment and Commerce Bank Ltd. (IFIC) obtained a money decree against M/s. Marinar Fashions Wear Pvt. Limited and 5 others for an amount of Tk. 1,26,25,902.40. In due course, the decree-holder filed an execution case being Money E......ncy for handing over the possession of the suit property in favour of the decree-holder petitioner.
2. It appears that the International Finance Investment and Commerce Bank Ltd. (IFIC) obtained a money decree against M/s. Marinar Fashions Wear Pvt. Limited and 5 others for an amount of Tk. 1,26,..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)
....ion with the help of Kupee lamp is not very pertinent as the condemned prisoner Maku Rabi Das went to the house of the deceased in the morning hours at 10-00 AM and remained with the deceased for the whole day which was seen by so many witnesses. Moreover, it is nobody's case that the deceased was s......d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229.......rdance with law. It is also submitted that the condemned prisoner Maku Rabi Das had no previous bad record to prove that he was a hardened criminal and was in the habit of committing crime in lieu of money. The learned Advocate has referred to the PCPR remark on the charge-sheet in this respect. He ..Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82
Jabbar and others Vs. State, 2005, 34 CLC (HCD)
....d down the lower Court's records at once with a copy of this judgment, for information and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29. ......urricane in the hand of his wife and also by the flash of torch lights of the accused persons. Accused Afsar, Chandu, Motaleb, Motleb, Khaleque and Mannan entering the main hut took away cash money amounting Taka 12,100/-, three shirts of the deceased and a silver chain from the neck of the wife ......ning hurricane in the hand of his wife and also by the flash of torch lights of the accused persons. Accused Afsar, Chandu, Motaleb, Motleb, Khaleque and Mannan entering the main hut took away cash money amounting Taka 12,100/-, three shirts of the deceased and a silver chain from the neck of the..Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3
Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)
....him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668. ...... by BUET laboratory, PSI was found to be of 57.96 instead of 100% and the Chief Engineer accordingly, directed for payment on the basis of said 57.96% of the final bill and the plaintiff received the amount without any objection. After such acceptance by the plaintiff without any objection, the suit......a 12, 30,423 out of which he received as part payments in total Taka 4, 98,691 on different dates from 30‑6‑89 to 11‑3‑90. He was accordingly, entitled to Taka 6, 29,316 including the earnest money. Defendant No.1 on 30‑6‑92 further paid him Taka 29,824. In spite of repeated demands..Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1
World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)
....tion finds support in the case of Janu Salt vs Ramaswami Naidu reported in AIR 1923 Madras 626. In the said case the defendant, under the terms of his licence, was forbidden to sell his rice to other wholesale merchants in the port on entry than those who were approved by the Collector of the Distri......." 38. In the case reported in 4 Bombay Law Reports 948 (DB) it has been observed that "a transaction to be void as being against public policy, must be found as a fact, in its inception, not amount to or involve an illegality or be of such a nature that, if permitted, it will defeat the pro......pposed to public policy or not is to be decided on general principles only. Such a. contract was immoral and opposed to public policy. Although a marriage when performed is valid, an agreement to pay money to the father in consideration of such marriage is not valid and the money cannot be recovered..Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331
Bangladesh Legal Aid and Service Trust (BLAST) Vs. Bangladesh & another, 2005, 34 CLC (HCD)
....titution, the Parliament of Bangladesh is competent to make any law for the welfare of the country, of course, however, within the ambit of the Constitution, he hastened to add. He submitted that the whole purpose of the Gram Sharker Act is in the interest of 68 thousand villages of Bangladesh so th......may without designating an area as an administrative unit for the purpose of Article 59 in exercise of its plenary legislative power (Article 65) establish local Government is mischievous as it would amount to defying the mandate of Articles 59 and 60 which cannot be permitted. The argument, therefo......VI of 2003), is declared unconstitutional and void. 45. In the result, the Rule is made absolute but without an order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 156. ..Category: Constitutional Law | Date: 2 Aug, 2005 | Hits: 343
Executive Engineer, Water Development Board & anr. Vs. Md. Moktaruddin, 2006, 35 CLC (AD)
.... the necessary structures had already been completed and the rest of the work is to be completed within 2 months and that in the event of any obstruction in the implementation of the said scheme, the whole project will fail and there is likelihood that the aid giving agencies may withdraw the fund a......at extent. 13. In the background of the discussions made hereinabove we find merit in the appeals. Accordingly, the appeals are allowed. There is no order as to costs. Ed. ......on of the project, there would be deprivation of the people from the irrigation facility and consequent thereupon, there would be huge financial loss and the aid giving agency would withdraw the money provided for execution of the project. The High Court Division without addressing itself to th..Category: Property Law | Date: 2 Aug, 2005 | Hits: 84
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